TERMS OF REFERENCE FOR THE FENELON LANDFILL SITE
PUBLIC REVIEW COMMITTEE
MISSION
The Public Review Committee (PRC) shall serve as a focal point for dissemination,
consultation, review and exchange of information regarding the operation of the Fenelon
landfill site, including environmental monitoring, maintenance, complaint resolution and
new approvals or amendments to existing approvals related to the operation of the
landfill site.
The PRC is a landfill citizens group made up of a group of individuals who commonly
represent the broader public on issues dealing with landfills and waste management.
The Environmental Assessment Board sees landfill groups as an important mechanism
for assuring that the conditions of the landfill site’s Environmental Compliance Approval
are met.
The establishment of the PRC is set out in Condition 2 (12) of the site Environmental
Compliance Approval #A321206 as follows:
“The Owner shall forthwith take all reasonable steps to establish, maintain and
participate in a landfill Public Review Committee (PRC), which is to function within terms
of reference for the PRC, as prepared by the Owner, and as amended from time to time
according to appropriate amending procedures. A copy of the terms of reference shall
be provided to the District Manager. The PRC shall serve as a focal point for
dissemination, consultation, review and exchange of information regarding the Site”
OBJECTIVE OF THE COMMITTEE
1. To provide a forum for the public to evaluate and participate in decisions
respecting the operation, environmental monitoring and complaint resolution
for the Fenelon landfill site.
2. The open sharing between the City and members of the PRC of copies of all
reports or other submissions required by the conditions of the Environmental
Compliance Approval.
3. To develop and implement a program that will provide the public with
information and a forum in which to express their views with respect to the
Fenelon landfill site.
4. To help people find early and convenient opportunities to make positive
contributions to the planning processes and decision making.
5. To build a good working relationship between all involved.
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Terms of Reference for the Public Review Committee
1. To act in an advisory capacity to the City of Kawartha Lakes, it’s consultants and
the Provincial Ministry of Environment.
2. To have opportunity to evaluate and monitor the operation of the Fenelon landfill
site, including but not limited to the leachate monitoring program, the
groundwater monitoring program, surface water monitoring program and gas
monitoring program.
3. To review the annual monitoring reports.
4. To review all complaints about the landfill’s operation and action taken by the
City to address the concern that was identified.
5. To have opportunity to accompany City staff and/or it’s consultants for a tour at
the landfill site, at a scheduled date and time.
6. To disseminate information to the public and to assist the public in participating in
the waste management process for the landfill site, through correspondence
approved by the committee.
7. To implement the objective of the PRC and to advise the PRC of the waste
management planning for the Fenelon landfill site.
8. To review and evaluate material distributed to the public where reasonably
possible and provide comment to the City on reports prepared by the City or it’s
consultants, including but not limited to technical documents and reports on the
site’s operation, maintenance, closure and end use.
9. To communicate regularly and openly with the public, the City, the City’s
consultants and government agencies, through correspondence approved by the
committee.
10. To encourage the public to be involved in waste management planning and to
assist new participants in bringing themselves up to date.
11. To prepare other supporting material as the committee deems necessary such as
mailing lists, information files, resource materials, newsletters, fax sheets, slide
presentations.
12. To ensure City Council is apprised, via a report to Council, of any PRC
recommendations, prior to PRC action.
PROCEDURE
1. The PRC may appoint sub-committees from time to time, to deal with specific
issues related to the landfill site. Members of the public may be encouraged to
join such committees. Once a sub-committee has submitted its report or finished
its project, it may disband.
COMPOSITION
1. All members are to reside in the City of Kawartha Lakes (includes seasonal
residents).
2. The number of persons on the Committee be set to a maximum of eleven (11)
and a minimum of three (3) public members.
3. One member shall be an employee of the City and at least two members shall be
from interested parties. Staff appointments will be non-voting members.
4. The Council Member representing Ward 5 will be appointed as the Council
Member to sit on the Committee as a voting member. If the Ward 5 Councillor
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declines this appointment, then a member of Council shall be appointed in
accordance with established policy.
5. Members will be interviewed by a panel of Councilors in accordance with City
policies and procedures, and appointed by City Council.
APPOINTMENT OF OFFICERS
The Public Review Committee shall, at its first meeting in each year, elect from its
membership, a chairperson and a vice-chairperson. In the event that there is a staff
liaison appointed pursuant to Staff Appointment, that person shall serve as the
Secretary. In the event that there is no staff liaison, the Committee shall, at its first
meeting in each year, elect from its membership, a Secretary.
Responsibilities of the Chair
1.
2.
3.
4.
5.
Chair PRC meetings.
Establish meeting agenda in collaboration with members and City staff.
Review minutes prior to circulation.
Sign minutes upon committee’s approval.
Prepare and update new PRC members on PRC history and objectives.
Responsibilities of the Vice-Chair
1.
2.
3.
4.
Chair meeting in the chairperson’s absence.
Act to encourage membership participation.
Follow up on all committee activities.
Encourage the public to participate on sub-committees and keep sub-committee
membership lists.
TERM OF APPOINTMENT
Unless exempted by legislation, members will be appointed to varying terms to a
maximum of a three year term. An equal number of appointees will be for a one year
term and two year term with the balance appointed to a three year term for the first
appointees. Successive appointments will be for a three year term to ensure knowledge
succession and that there be no complete turnover of membership in any given year.
The Council appointee will be appointed to the committee for the term of Council.
RESOURCES
The Public Works Department, Solid Waste Services Division will provide support in the
form of:
1.
2.
3.
4.
5.
Advice.
Day-to-day liaison with the City.
Updates on program and promotional ideas.
Initial assistance in their implementation to the degree resources are available.
Prepare minutes of full committee meetings (for approval by chairperson) and
distribute.
6. Distribute notices of meetings and agendas upon instructions of chairperson.
7. Make physical arrangement for full committee meetings.
Food Item
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8. Maintain register of members.
9. Review and file all official correspondence.
10. Prepare and send official documents and correspondence from the PRC as
directed by the committee.
11. In conjunction with the vice-chairperson, maintain listing of sub-committee
memberships.
12. The Department will also assist in the preparation and submission of budget
requests/grant submissions if needed.
STAFF ASSIGNED
The Manager of Environmental Services or designate from the Public Works Department
will be available to assist the Committee as outlined under “Resources” to attend
meetings of the Committee.
TIMING OF MEETINGS
Meetings will be held twice annually, in spring and fall, on a set day and time as may be
determined by the Committee or at the call of the Chair.
MEETINGS, PROCEDURES
The Committee shall hold a minimum of two (2) meetings in each calendar year that are
open to the public.
The City and its consultants, the Ministry of Environment, other resource people and the
public are encouraged to attend PRC meetings.
The Chair shall cause notice of the meetings, including the agenda for the meetings, to
be provided to members of the Committee a minimum of three (3) business days prior to
the date of each meeting. Quorum for meetings shall consist of a majority of the voting
members of the Committee. A copy of the Agenda shall be provided to the Clerk’s office
and will be posted on the City’s website, by the committee secretary, in advance of the
meeting. The City will also advertise, in the Kawartha Lakes This Week, meetings in
which representatives from the Ministry of the Environment and the City’s Environmental
Consultants are scheduled to appear.
PROCEDURES
Procedures for the meetings of the Committee shall be governed by Procedural By-law
and Legislation or, where both of these are silent, by Robert’s Rules of Order.
REPORTS
Minutes of all meetings of the Committee shall be forwarded to the City’s Clerk’s Office
within two weeks of the meeting and they will be distributed electronically to Council by
established policy and posted on the City’s website for information purposes in
accordance with established policy.
ADMINISTRATION
Any responsibilities not clearly identified within these Terms of Reference shall be the
responsibility of the City of Kawartha Lakes. Any changes proposed to these Terms of
reference by the City or the Committee shall be recommended to Council via the
Director through a report to the appropriate Committee of Council.
CLOSED MEETINGS
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The Committee shall, upon affirmative vote of the majority of its members present at a
meeting, determine to hold any meeting or part of a meeting as a closed session in order
to discuss items noted in Section 239 of the Municipal Act. When the committee elects
to hold a closed session, all person not entitled to vote (with the exception of the staff
liaison, if any, visiting Councilors, and all persons excepted by the members) shall
vacate the premises where the meeting is taking place. Prior to going into closed
session a motion of the Committee must be made to identify the reason(s) for going into
closed session. Items that fall under s.239 of the Municipal Act are the only items
allowed to be discussed in Closed Session.
PECUNIARY INTEREST
Members shall abide by the rules outlined within the Municipal Conflict of Interest Act
and shall disclose the pecuniary interest to the Secretary and absent himself or herself
from meetings for the duration of the discussion and voting (if any) with respect to that
matter.
ERRORS/OMISSIONS
The accidental omission to give notice of any meeting of the Committee to its members,
or the non-receipt of any notice by any member, or an error in any notice that does not
affect its substance, does not invalidate any resolution passed or any proceedings taken
at the meeting. Any member of the Committee may at any time waive notice of any
meeting.
MEETING ATTENDANCE
Any member of the Committee, who misses three consecutive meetings, without being
excused by the Committee, may be removed from the Committee. The Committee must
make recommendations, by a report to Council, for the removal of any member.
LOCATION OF MEETINGS
The location of the meetings will be at the City of Kawartha Lakes Offices in Lindsay, or
at other locations as agreed to by the Committee.
PURCHASING POLICY
All Committees that have purchasing responsibilities shall follow the Procurement Policy
of the City unless another purchasing policy has been endorsed by Council.
BUDGET
The Committee is not responsible for a budget unless Council approves a budget and
delegation of responsibility to the Committee through the Committee’s Terms of
Reference.
VOLUNTEER POSITIONS
The public members of this Committee are considered volunteers. Mileage costs and
other minor expenses related to committee activities are eligible for reimbursement
subject to budget approvals by Council.
INSURANCE
As the Fenelon Landfill Public Review Committee is a Committee of Council, coverage
is extended under the City’s general liability insurance and Errors and Omissions policy.
DISSOLUTION
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At the discretion of Council, or upon the mandate of the Board/Committee being fulfilled,
the Committee may be dissolved by resolution of Council.
CODE OF CONDUCT & ETHICS
Members will adhere to the City of Kawartha Lakes Code of Conduct & Ethics Policy.
EXPULSION OF MEMBER
The Committee may recommend to Council the expulsion of a member for reasons as
listed, but not limited to, the member being in contravention of the Municipal Act, the
Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences
Act, the Municipal Conflict of Interest Act, disrupting the work of the Committee or other
legal issues.
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